State of Climate Law∵The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement

Broberg, Morten

doi:10.1163/18786561-01002004

Cited by 5 publications

(5 citation statements)

References 1 publication

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“…Prior to the adoption of the PA, L&D was essentially viewed as part of adaptation (Broberg 2020a, 528). However, according to the PA, L&D issues shall no longer be treated in the field of adaptation and are referred to as beyond the adaptation approach (Broberg 2020b, 212). The PA is the first global climate change agreement that includes an explicit reference to human rights, confirming the international community's recognition that human rights obligations apply in the context of climate change (Duyck 2015, 5).…”

Section: Resultsmentioning

confidence: 99%

“…They also agreed that this objective would be presented as a new contribution of the EU and its member States to the fulfillment of the PA commitments (Climate Action Tracker 2020a, 2020b). Also, In September 2020, China announced that it will strengthen its 2030 climate target (NDC) on peak emissions before 2030 and aims to achieve carbon neutrality before 2060 (Climate Action Tracker 2020a, 2020b.…”

Section: Consolidating Pa Article 8 and The Cop Decisionmentioning

confidence: 99%

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The Paris Agreement's Approach Toward Climate Change Loss and Damage

et al. 2023

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Article 8 of the Paris Agreement introduces obligations upon the Parties to the Agreement “with respect to Loss and Damage associated with adverse impacts of climate change.” According to Paragraph 52 of the Conference of the Parties’ Decision, Article 8 is not a basis for liability or compensation. Therefore, the problem is whether violation of obligations leads to a state responsibility. Using a dogmatic method, this research contends that “recognizing the significance of averting, minimizing, and addressing Loss and Damage” means acceptance of responsibility for a breach of obligations. Although the means of seeking reparation would not be compensation, States are obliged to eliminate sources of damage and take precautionary measures to address loss and damage. Notwithstanding this, placing the issue of loss and damage under the Agreement into a separate article can reflect to a great extent the significance of the matter.

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Section: Resultsmentioning

confidence: 99%

Section: Consolidating Pa Article 8 and The Cop Decisionmentioning

confidence: 99%

The Paris Agreement's Approach Toward Climate Change Loss and Damage

et al. 2023

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“…In 2013, the UNFCCC created the Warsaw Mechanism to adjudicate loss and damages, which had been discussed at several prior meetings of the Conference of Parties to the UNFCCC. A more consequential step was the incorporation of loss and damage provisions in Article 8 of the 2015 Paris Agreement, an international agreement subject to international law governing treaties (Broberg, [29,30]), though specific provisions for implementation have not yet been developed.…”

Section: Discussion: International Governance Of Climate Change Adaptation and The Role Of The World Bank As An International Institutionmentioning

confidence: 99%

“…For our purposes, the key implication of the ongoing debate over loss and damage provisions is that it creates significant ambiguity about what constitutes international financial support for adaptation undertaken by vulnerable countries, versus obligatory payments by high-emitting countries to compensate vulnerable countries for loss and damages. The legal ambiguity is discussed in Broberg [29,30]. Broberg and Martinez-Romera ( [28], pages 662-663) illustrate the challenge by considering three potential definitions of responsibility under a loss and damage provision: the responsibility for all residual damages after adaptation has been undertaken; for impacts that remain after a vulnerable country undertakes a level of adaptation it can manage, but not measures with outsize costs; or for whatever residual damages reflect an "intolerable level of risk" for a vulnerable country.…”

Section: Discussion: International Governance Of Climate Change Adaptation and The Role Of The World Bank As An International Institutionmentioning

confidence: 99%

Climate Adaptation Finance in World Bank Economic Development Programs: The Challenges of Systemic Transformation via “Scaling Up”

2021

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Worldwide only about four percent of the estimated $500 billion-plus in public and private climate finance in 2017 was destined for adaptation. However, institutions like the World Bank are positioning themselves for a transformation in adaptation finance, seeking to provide substantially more adaptation finance as distinct from financial support for greenhouse gas mitigation. This article explores the recent emergence of adaptation as a higher priority and how a longer-term time horizon is necessary if a transformation in climate change governance is to occur which places greater emphasis on sustainable development goals relating to improvement of circumstances of citizens in the most climate-vulnerable nations, mostly in the Global South. The article also considers the important debate in the climate change policy literature over the extent to which funds supporting adaptation are going to lower-income nations or people, as might be anticipated given the view that the poor are more vulnerable to the adverse impacts of climate change. Data linking World Bank project funding to climate change adaptation and mitigation, derived from a keyword-matching approach, show that from 2010 to 2018, the share of climate-change-related finance devoted to adaptation in World Bank projects increased considerably. The data indicate that adaptation funding tends to be directed more to more climate-vulnerable nations and those with greater state fragility, but not to low-income countries versus high-income countries. Implications are considered for how this change might be “scaled up” to achieve a transformational status.

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“…L&D negotiations have gained considerable public attention, not least due to the decision to establish new funding arrangements and a fund to assist vulnerable developing countries in responding to L&D, taken at the twentyseventh Conference of the Parties (COP) in 2022. Some commentators suggest that L&D has emerged as a third pillar under the UNFCCC, complementing mitigation and adaptation (Broberg 2020). L&D was institutionalized in 2013 with the creation of the Warsaw International Mechanism (WIM) for Loss and Damage (United Nations Framework Convention on Climate Change [UNFCCC] 2014) and is anchored under Article 8 of the Paris Agreement (UNFCCC 2015).…”

Section: The Effects Of Political Knowledge Use By Developing Country...mentioning

confidence: 99%

The Effects of Political Knowledge Use by Developing Country Negotiators in Loss and Damage Negotiations

Serdeczny¹

2023

Global Environmental Politics

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Does using knowledge politically to explain or justify predetermined policy positions make a difference? Most theory suggests no. This article traces how developing country negotiators used knowledge to further their interests in loss and damage (L&D) negotiations from 2003 to 2013. The analysis shows an institutional effect, whereby knowledge was used to establish L&D as a theme under the United Nations Framework Convention on Climate Change. At the same time, an indirect effect emerges at the individual level as knowledge provides actors with a sense of clarity and legitimacy that strengthens their resolve in defending political positions, leaving surprising traces during moments of bargaining. These insights invite critical reflections on the normative dimensions of political knowledge use.

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State of Climate Law∵The Third Pillar of International Climate Change Law: Explaining ‘Loss and Damage’ after the Paris Agreement

Cited by 5 publications

References 1 publication

The Paris Agreement's Approach Toward Climate Change Loss and Damage

The Paris Agreement's Approach Toward Climate Change Loss and Damage

Climate Adaptation Finance in World Bank Economic Development Programs: The Challenges of Systemic Transformation via “Scaling Up”

The Effects of Political Knowledge Use by Developing Country Negotiators in Loss and Damage Negotiations

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